This Data Processing Agreement ("Agreement") is incorporated into and forms part of the Terms of Service ("Principal Agreement") between the customer entity that is party to this agreement (the "Customer") and Ontraport (the "Processor" or "Data Processor") (together as the "Parties").
(A) The Customer acts as a Data Controller.
(B) The Customer wishes to subcontract certain Services, which imply the processing of personal data, to the Data Processor.
(C) The Parties seek to implement a data processing agreement that complies with the requirements of the current legal framework in relation to data processing and with the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
(D) The Parties wish to lay down their rights and obligations.
IT IS AGREED AS FOLLOWS: